Abdullah (b. Mas’ud) reported:
**We were on an expedition with Allah’s Messenger (sallallaahu 'alayhi wa sallam) and we had no women with us.
We said: Should we not have ourselves castrated?
He (the Holy Prophet) forbade us to do so He then granted us permission that we should contract temporary marriage for a stipulated period giving her a garment, and 'Abdullah then recited this verse:
'Those who believe do not make unlawful the good things which Allah has made lawful for you, and do not transgress. Allah does not like transgressors" (al-Qur’an, v. 87).**
[Sahih Muslim Hadith No. 1404]
Al-Mut’ah in early Islam
The temporary marriage referred to in this Hadith is known as Al-Mut’ah.
The practice of Al-Mut’ah was permissible in the early period of Islam, but was then abrogated as is evident from authentic Hadith.
And there is a consensus of the scholars that Al-Mut’ah has been abrogated. It is not permissible for anyone to indulge in this.
It has been reported that Ibn Abbaas (may Allah be pleased with him) considered Al-Mut’ah permissible. But it has also been reported from him that he gave up this opinion of his and took up the opinion that Al-Mut’ah is impermissible.
When was Al-Mut’ah made impermissible
The Hadith in Sahih Muslim differ in respect to when Al-Mut’ah was forbidden. Some narrations say it was forbidden on the Day of Khaibar while others say it was forbidden on the Day of the Conquest of Makkah.
Based on this discrepancy it has been said that these Hadith are not authentic and cannot be used as evidence that Al-Mut’ah has been forbidden.
But this means of thinking is erroneous and a mistake on the part of who thinks such.
Because the fact is that it was forbidden during one time period, and then during another time period to stress its forbiddance or to propagate the message of its having been forbidden to those who had not heard of it the first time.
Hadith of permissibility of Al-Mut’ah
The Hadith of the permissibility of Al-Mut’ah, in the early period of Islam, have been narrated from a group of Companions which include Ibn Masood, Ibn Abbaas, Jaabir, etc. These Hadith show that Al-Mut’ah was permitted during wartime and during travel when the Companions were far from their homelands at times of need due to lack of woman.
View of Imam Al-Nawawi on discrepancy of when Al-Mut’ah was made impermissible
The view Imam Al-Nawawi has taken is that Al-Mut’ah was made permissible twice and made impermissible twice.
According to him it was Halaal prior to Khaibar. Then it was made impermissible on the Day of Khaibar.
Then it was made permissible on the Day of the Conquest of Makkah and then it was made impermissible at that time after three days forever until the Day of Judgment. And the impermissibility of it continues.
Rulings pertaining to Al-Mut’ah
Al-Mut’ah was a temporary marriage up to a stipulated time, and there was no in heritance in it. The husband and wife separated without divorce at the time stipulated for the end of the marriage. And a consensus has taken place on its being impermissible except from the side of the Rawaafid.
It is agreed that if anyone performs Al-Mut’ah today, the marriage will be considered void.
The Companions of Maalik have differed if the one who had sexual intercourse in Al-Mut’ah will be subjected to the legal punishment.
The Madhab of the Shaafis says that the legal punishment will not come into play.
Would this be Al-Mut’ah?
And they have agreed that if a person marries without stipulating any conditions in the marriage contract but has the intention of not remaining with the woman except for a stipulated time period, his marriage will be correct and will not be considered Al-Mut’ah. But Maalik has said that this is not from good manners.
Some did not know that Al-Mut’ah has been forbidden
In this Hadith is an indication that Ibn Massod (Allah is pleased with him) considered Al-Mut’ah permissible, and the ruling of it having been abrogated did not reach him.
Castration is not allowed in Islam
The Hadith is also evidence that castration is not permissible. It is a form of changing the creation of Allah and because of that which is in it of cutting of the progeny and hurting animals.
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